首页    期刊浏览 2024年05月04日 星期六
登录注册

文章基本信息

  • 标题:Competing Agendas and the Business of the American State Supreme Courts
  • 本地全文:下载
  • 作者:Paul Brace ; Brent D. Boyea
  • 期刊名称:Beijing Law Review
  • 印刷版ISSN:2159-4627
  • 电子版ISSN:2159-4635
  • 出版年度:2019
  • 卷号:10
  • 期号:4
  • 页码:971-991
  • DOI:10.4236/blr.2019.104052
  • 出版社:Scientific Research Publishing
  • 摘要:This project extends the research of Kagan et al. (1977) and Kritzer et al. (2007) to examine the production of cases in the American State Supreme Courts from 1995 to 1998. We explore the relationship between the resources available to courts and litigation output to understand not only the relative efficiency of state courts, but the trade-off between areas of law (criminal, tort, and public law litigation). Due to the complex relationships between variable resources (inputs) and the competing demands of alternative areas of law (outputs), we utilize Data Envelopment Analysis (DEA) to estimate relative efficiency scores for overall case production and specific areas of law. Our findings suggest that while many state supreme courts are highly efficient, many operate below full efficiency. Moreover, activity in one area of law frequently comes at the expense of another area. In addition, we use Tobit analysis to evaluate the institutional, political, and social environmental influences that account for its variation. Whether courts are more or less efficient is attributable to the methods by which the American states staff their courts, the political preferences of judges, patterns of defendant success, the number of active attorneys, use of the death penalty, and the political ideology of a state’s government.
  • 关键词:Public Law;Appellate Courts;Judicial Agendas;Data Envelopment Analysis;American State Courts
国家哲学社会科学文献中心版权所有